FY_2020-1ST_QTR_DRY_GOOD-FROZEN.pdf

1583151900000021 Page 1 of 41

SOLICITA TION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12,17,23,24 & 30

2. CONTRACTNO. 3. AWARD/EFFECTIVE 4. ORDERNUMBER

DATE

15B3151900000021

6. SOLICITATIONISSUE

DATE

08/12/2019

b. TELEPHONENUMBER(No collect calls) S.OFFERDUEDATE I LOCAL

TIME

(0)662-716-1020 (F) 662-716-1024 09/05/201914:00:00

7. FORSOLICITATION

INFORMATIONCALL:

8. NAME

Barbara McMaster bmcmaster@bop.gov

10.THE ACQUISITIONIS9. ISSUEDBY CODE

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

[3] SMALLBUSINESS

O HUBZONESMALL

BUSINESS

O SERVICE-DISABLED

VETERAN-OWNED

SMALLBUSINESS

UNRESTRICTEDOR SETASIDE: 1.00 % FOR

O WOMEN-OWNEDSMALLBUSINESS(WOSB)

ELIGIBLEUNDERTHEWOMEN-OWNED

SMALLBUSINESSPROGRAMo EDWOSB

NAICS:311824

o 8(A)

SIZESTANDARD:500

Employees

12. DISCOUNTTERMS 13b. RATING11 DELIVERYFORFOBDESTINATION

UNLESSBLOCKIS MARKED

O SEE

SCHEDULE

NET 30

13a.THISCONTRACTISAO RATEDORDERUNDERDPAS

(15CFR 700)

I

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

ADMINISTEREDBY

L-""::'':''':'';'__--lFederal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

CODE

17a.CONTRACTORI

OFFEROR

CODE

TELEPHONENO.

D17b.CHECKIF REMITTANCEIS DIFFERENTAND PUTSUCHADDRESSIN

OFFER

Delivery Date: 10/21/2019

DRY GOODS 1FROZEN ITEMS SUBSISTENCE

FY 2020 - 1st QUARTER OCTOBER 01,2019 thru DECEMBER 31, 2019

TIN _

DUNS __

See Continuation Sheet(s) Reverse and or Attach AdditionalSheets

26. TOTALAWARDAMOUNT(ForGovt. UseOnly)25. ACCOUNTINGANDAPPROPRIATIONDATA

Sa.PAYMENTWILL BEMADEBY CODE

Federal Bureau of Prisons FCC Yazoo City

2225 HALEY BARBOUR PARKWAY

YAZOO CITY, MS 39194

29. AWARDOF CONTRACT:REF. OFFER

DATED . YOUROFFERON SOLICITATION(BLOCK5)

INCLUDINGANYADDITIONSORCHANGESIM-iICHARESET FORTHHEREIN.

IS ACCEPTEDAS TO ITEMS

2S.CONTRACTORIS REQUIREDTO SIGN THIS DOCUMENTAND RETURN COPIESTO

ISSUINGOFFICE.CONTRACTORAGREESTO FURNISHAND DELIVERALL ITEMSSET FORTH

OROTHERWISEIDENTIFIEDABOVEANDONANYADDITIONALSHEETSSUBJECTTO THE

TERMSANDCONDITIONSSPECIFIED.

1SaUNLESSBLOCKBELOWIS

ARE NOTATTACHED

ARE NOTATTACHED

27a. SOLICITATIONINCORPORATESBY REFERENCEFAR52.212-1.52.212-4.FAR52.212-3AND 52.212-5AREATTACHED.ADDENDA 27b.CONTRACT/PURCHASEORDER INCORPORATESBYREFERENCEFAR52.212-4.FAR52.212-5 ISATTACHED.ADDENDA

ARE

ARE

308. SIGNATURE 318. UNITEDSTATESOFAMERICA (SIGNATUREOFCONTRACTINGOFFICER)

30b. NAMEANDTITLEOFSIGNER (TYPEORPRINT)

08/12/2019

3Oc.DATESIGNED 31b. NAMEOF THECONTRACTINGOFFICER (TYPE

Barbara McMaster

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDiTION is NOT USABLE

STANDARDFORM 1449 (REV.212012)

Prescribedby GSA - FAR (48 CFR)53.212

1583151900000021 Page 2 of 41

19. 20. 21. 22. 23. 24.

ITEMNO. SCHEDULEOF SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT

32a. QUANTITYIN COLUMN21 HASBEEN

D RECEIVED D INSPECTED D ACCEPTED,ANDCONFORMSTO THECONTRACT,EXCEPTAS NOTED: _

32b. SIGNATUREOFAUTHORIZEDGOVERNMENT 32c. DATE 32d. PRINTEDNAMEAND TITLEOFAUTHORIZEDGOVERNMENT

REPRESENTATIVE REPRESENTATIVE

32e. MAILINGADDRESSOFAUTHORIZEDGOVERNMENTREPRESENTATIVE 32f. TELEPHONENUMBEROFAUTHORIZEDGOVERNMENT

REPRESENTATIVE

32g. E-MAILOFAUTHORIZEDGOVERNMENTREPRESENTATIVE

33. SHIPNUMBER 34.VOUCHERNUMBER 35.AMOUNTVERIFIED 36. PAYMENT 37.CHECKNUMBER

CORRECTFOR

DCOMPLETE DPARTIAL DFINALIPARTIAL I IFINAL

38. SIR ACCOUNTNUMBER 39. SIR VOUCHERNUMBER 40. PAIDBY

41a. I CERTIFYTHISACCOUNTIS CORRECTAND PROPERFORPAYMENT 42a. RECEIVEDBY (Print) 41b. SIGNATUREANDTITLEOF CERTIFYINGOFFICER 41c. DATE

42b. RECEIVEDAT (Location)

42c. DATEREC'D (YVIMMlDD) I42d. TOTALCONTAINERS

STANDARDFORM1449 (REV. 212012) BACK

1583151900000021 Page 3 of 41

Table of Contents

Description Page Number

Solicitation/Contract Form I Commodity or Services Schedule 4 Contract Clauses 11

52.211-16 Variation In Quantity (Apr 1984) 15 52.212-4 Contract Terms and Conditions--CommerciaIItems (May 2015) .

52.204-99 System for Award Management Registration (September 2012) (DEVIA TION) 16 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-- Commercial Items (May 2015) .

52.232-25 Prompt Payment (lui 20 13) 17 52.209-5 Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability (Deviation 20 14-01)(November 2013) 20

List of Attachments 26 Solicitation Provisions 27

52.212-3 Offeror Representations and Certifications--CommerciaIItems (Mar 2015) ..

52.212-1 Instructions to Offerors - Commercial Items (Apr 2014) ..

52.27-103-71 FAITH-BASED AND COMMUNITY-BASED ORGANIZATIONS (AUG 2005) 30

52.204-16 Commercial and Government Entity Code Maintenance (lui 2015) 30

1583151900000021 Page 4 of 41

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Tuna. Can or Flexible Pouch. Chunk. Light or White (Albacore). 500.000000 CS $ $ Packed in Water. SalVSodium Level Regular. No Said Added. Very Low Sodium. or Low Sodium. (CID A-A-20155D. Type A or B. Form I.

Color A or B. Packing Media 1. SalVSodium Level A. B. C. or D).

Sodium content will not exceed 1.5% salt. Tuna can be a product of the U.S. or other Foreign Country that meets the requirements of 21 CFR 123.12. Product may contain soy and/or vegetable broth.

Quote must specify size and packing of case and if quoting on cans or pouches. ""FSA REQUESTS CANS ONLY ""FSA REQUESTS 6

CANS PER CS ONLY

0002 Hummus. Prepared. Made from cooked mashed chickpeas. 485.000000 EA $ $ blended with tahini (tehena). oil. citrus juice. salt and garlic.

Individual or Bulk. Quote must specify if quoting on individual or bulk and case size.

Product will not contain any animal by product or ingredients.

""FSA REQUESTS 4 OZ INDIVIDUAL ONLY

0003 Dressing. Salad. Italian. Low Cal. (CID A-A-20140D. Type II. Style 98.000.000000 EA $ $ A. B. C. or D). Salad Dressing shall comply with 21 CFR 159.150. 9 Gram Individual Packet. Each. Note case count on bid.

""FSA REQUESTS 200 PER CS ONLY

0004 Sugar Substitute. Non-Carbohydrate. Saccharin. Acesulfame K. 1.500.000.000000 EA $ $ Aspartame. Sucralose. Neotame. or Rebaudioside A. Granular.

Packaged in Envelopes/Packets. (CID A-A-20178C. Types I-VI.

Style A. Package 1). Each individual is .80 to 1.0 Gram.

State case count on bid. ""FSA REQUESTS 3.000 CS CT ONLY

""PAR ITEM

0005 Taco Shells. Corn. U Shaped. Enriched. (CID A-A-20143B. Type 133.600.000000 EA $ $ III. Style A. Shape b. Enrichment type i). Each. State case count on bid. ""FSA REQUEST 200 CS CT ONLY

0006 Allspice ""PAR ITEM 4.000000 LB $ $

0007 Spices. Baking Powder. Single Action. shall be manufactured from 1.200.000000 LB $ $ clean. white. free-flowing. highly purified. food grade materials and shall be comprised of acid-reacting materials. sodium bicarbonate.

and cornstarch

""FSA REQUESTS 40 LB CS ""PAR ITEM

0008 Spices. Basil. Sweet. Ground or Crushed (CID A-A-20001B. Type 53.000000 LB $ $ I. Class C. Form 1 or 3). Packaging must indicate actual delivered weight of product. Pure - no additives. extenders, foreign matter. or flow agents.

1/2 oz to 50 Ib sealed plastic containers or boxes. Note package size on bid. ""PAR ITEM

0009 Beans. Dry. Black Beans. Whole. U.S. Grade 1 - 3 ""FSA 20.000.000000 LB $ $

REQUESTS 50 LB BAG

0010 Beans. Black. Canned. In Brine. Meatless. (CID A-A-20134C. 168.000000 CS $ $ Type I. Class K or Type IV. Class A; S~le 1).6/#10 cans per case

""FSA REQUESTS 61#10 CANS ONL

0011 Beans. Dry. Black Eyed Peas. U.S. Grade 1 - 3 ""FSA 5.000.000000 LB $ $

REQUESTS 50 LB BAG

0012 Beans. Garbanzo (Chick Peas). Canned. In Brine. Meatless. (CID 125.000000 CS $ $ AA-20134C. Type I or IV. Class E or J. Style 1). 61#10 cans per case ""FSA REQUESTS 61#10 CANS ONLY

""PAR ITEM

168.000000

0013 Beans, D~, Lentils, Whole, U.S. Grade 1 - 3 "FSA REQUESTS 2,500.000000 EA

25 LB BA

0014 Beans, Pintos, Canned, In Brine, Meatless. (CID A-A-20134C, 168.000000 CS Type I or IV, Class B, Style 1). 61#10 cans per case "FSA

REQUESTS 61#10CANS ONLY

"PAR ITEM

0015 Beans, Dry, Pinto, Whole, U.S. Grade 1 - 3 "FSA REQUESTS 50 5,000.000000 LB

LBBAG

0016 Vegetable, Beets, Canned, Whole Slices, Quarters, Diced, 56.000000 CS Julienne, French Style or Cut. Minimum Drain Weight 64 oz. U.S.

Grade A, U.S. Fancy, U.S. Grade C or U.S. Standard. As defined in Food and Drug Standard of Identify

21 CFR 155.200. Originated from crops that have been 100 percent grown, processed and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid. "FSA REQUESTS 61#10CANS ONLY

0017 Coffee, Ground, 20 Pound Case "FSA REQUEST 20 LB CASE 1,600.000000 LB

ONLY "PAR ITEM

0018 Beverage Mix. Each 72150z Case "FSA REQUESTS 72/50Z PER 7,632.000000 EA

CS "PAR ITEM

0019 Spices, Pepper, Black, Ground. (CID A-A-20001 B, Type I, Class 2,700,000.000000 EA X, Form 1). Each. Minimum 0.15 grams per package. Pure - no additives, extenders, foreign matter, or flow agents. Note package count on bid.

"FSA REQUESTS 3,000 CT PER CS '-PAR ITEM

Spices, Pepper, Black, Ground. (CID A-A-20001 B, Type I, Class X, Form 1). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. 112oz to 50 Ib sealed plastic containers or boxes.

Note package size on bid.

Sugar, Brown, Light or Dark (CID A-A-20135D, Type II, Style A or B)

500.000000

1,200.0000000021

Vegetable, Carrots, Canned, Sliced, Diced, Julienne, French Style, or Cut. Minimum drain weight 64 oz. U.S. Grade A, U.S. Fancy, U.S. Grade C or U.S. Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200.

Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid. -'FSA

REQUESTS 61#10CANS ONLY

Tomato Catsup, as defined in the standard of identity for catsup, ketchup, catchup (21 CFR 155.194). U.S. Grade A-C. 6/#10 Cans per case. State can or pouch on bid.

-'FSA REQUESTS 61#10CANS PER CASE

0024 Hominy Grits, Enriched, White or Yellow, Regular (CID A- 5,000.000000 A-20035D, Type I or II, Style A). --FSA REQUESTS 50 LB BAG

0022 280.000000

0025 Vegetable, Corn, Whole Kernel (Whole Grain), Canned, 56.000000 Conventional or Supersweet, Golden (or yellow), Grade A-C. As defined in Food and Drug Standard of Identity 21 CFR 155.130.

Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans. FSA REQUESTS 6/#10 CANS PER CASE

0026 Corn Starch, Unmodified, regular, native or common, fine or coarse 650.000000 powder. "FSA REQUESTS 50 LB BAG "PAR ITEM

0027 Spices, Cumin, Ground. (CID A-A-20001B, Type I, Class L, Form 300.000000 1). Packaging must indicate actual delivered weight of product.

Pure - no additives, extenders, foreign matter, or flow agents. 1/2 oz to 50 Ib sealed plastic containers or boxes.

Note package size on bid. "FSA REQUESTS 1 LB CONTAINERS

-'PAR ITEM

CS $

CS $

CS $

LB $

LB $

1583151900000021 Page 5 of 41

LB

LB $

LB $

0028 Dressing, Salad, Italian, Low Cal, 1 Gallon Plastic Containers, CID 201.000000 CS A-A-20030A, Type IV. ··FSA REQUESTS 4-1 GALLON CO PER

CS

0029 Dressinl Salad, Creamy Italian, Pourable, Regular, Creamy Style. 5.000000 CS (CID A- -20162B, Type I, II, III, or IV, Any Class, creamJ. Style).

4/1 Gallonplastic containersper case. NoteClasson bi .

··FSA REQUESTS4-1 GALLONCOPERCS ··PAR ITEM

0030 Dressing,Mayonnaise,Regular(CIDA-A-20140D,Type I, Style 542.000000 CS A, B, C, or D). 4/1 Gallon plastic containersper case. HeavyDuty Mayonnaiseis acceptable.

··FSA REQUESTS4-1 GALLONCO PERCS ··PAT ITEM

0031 Flour,General,All Purpose,or lNhole lNheat Flour, Unbleached. 10,000.000000 LB (CIDA-A-20126F,Type II or VI, StyleA). ··FSA REQUESTS50

LBBAG

0032 Spices,Garlic, Powder.Fromdehydratedgarlic bulb groundto 600.000000 LB a fine powderafter the milling process. 100%air dried garlic.

Appearanceand FlavorCream BrownFine Powderwith the characteristicodor and flavor of garlic.

Nooff notes.Texture - A dry mediumfine granularpowder,slightly fibrous.Moistureless than 12%.Packagingmust indicateactual deliveredweight of product.Pure - no additives,extenders,foreign matter,or flow a~ents.1/2 oz to 50 Ib sealed plastic containersor boxes.Notepac age size on bid. ··FSA REQUESTS1 LBCO

··PAR ITEM

0033 Spices,Ginger,Ground. (CIDA-A-20001B,Type I, ClassP. Form 20.000000 LB 1). Packagingmust indicate actualdeliveredweight of product.

Pure- no additives,extenders, foreignmatter,or flow agents.

1/2 oz to 50 Ib sealed plastic containersor boxes. Note package size on bid. ··FSA REQUESTS1 LB CO ··PAR ITEM

0034 Spice,Chili Powder, ··FSA REQUEST1 LB BAG 800.000000 LB

0035 Spice,GarlicSalt ··FSA REQUEST1 LB BAG··PAR ITEM 28.000000 LB

0036 Vegetable,Beans,Green,Canned,Cut, SlicedLengthwise,or 448.000000 CS FrenchStyle,RoundTye, Good to reasonablygood character (A or B), Minimumdrainweight 59 oz. U.S. GradeA-C.As defined in Foodand DrugStandardof Identity21 CFR 155.120.

Originatedfrom crops that have been 100percentgrown, processed,and packed in the UnitedStates or Canada.6/#10 cans or pouchesper case. State can or pouchon bid. ··FSA

REQUESTS61#10CANSONLY

0037 ve~etable, CollardGreens,Canned,Grade U.S.NO.1. As defined 280.000000 CS in itle 7,51.521. Originatedfrom crops that have been 100 percentgrown, processed,and packed in the UnitedStatesor Canada.61#10cans or pouchesper case. State can or pouchon bid.

·*FSA REQUESTS61#10CANSONLY

0038 IndividualJelly, su~ar Free,Assorted ··FSA REQUESTS200CT 57,000.000000 EA

PERCS ··PAR IT M

0039 LimeJuice,Quarts 240.000000 QT

0040 Vegetable,Mixed (5-7way blendmix includingcarrots, ~en 168.000000 CS beans,peas, corn, and lima beans),Canned,With Salt, lthout Salt, NoSaidAdded, Low Sodium,or Other. (CIDA-A-20120E, Type II, StyleA, B, C, D, or E).

Minimumdrainweight of 64 oz. Originatedfrom crops that have been 100percentgrown, processed,and packed in the United Statesor Canada.61#10cans or pouchesper case. State can or pouchon bid. ··FSA REQUESTS5-WAYMIX*·FSA REQUESTS

61#10CANSONLY

0041 Vegetable,Mushrooms,Brown,Buttons,Sliced lNhole, Random 56.000000 CS SlicedWhole,Sliced Buttons,or Stemsand Pieces.Minimumdrain weight 58 oz. U.S.GradeA, U.S. Fancy,U.S. GradeB, or U.S.

ExtraStandard.6/#10 cans or pouchesper case.

Statecan or pouchon bid. ··FSA REQUESTS6/#10 CANSONLY

1583151900000021 Page 6 of 41

1583151900000021 Page 7 of 41

0042 Mustard, Prepared, Yellow (Salad Style). (CID A-A-20036C, Type 40.000000 CS $ $ 1).411Gallon plastic containers per case. "FSA REQUESTS 4-1

GALLON CS

"PAR ITEM

0043 Non-Fat Dry Milk, Fortified with Vitamins A and D. (CID A- 2,500.000000 LB $ $ A-20085D, Type II). "FSA REQUESTS 50 LB BAG "PAR ITEM

0044 Spices, Oregano, Ground or Crushed. (CID A-A-20001 B, Type I, 40.000000 LB $ $ Class U, Form 1 or 3). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.

1/2 oz to 50 Ib sealed plastic containers or boxes. Note package size on bid. "FSA REQUESTS 1 LB CO "PAR ITEM

0045 Spices, Oregano, Leaf. (CID A-A-20001 B, Type I, Class U, Form 1 32.000000 LB $ $ or 3). Packaging must indicate actual delivered weight of product.

Pure - no additives, extenders, foreign matter, or flow agents.

1/2 oz to 50 Ib sealed plastic containers or boxes. Note package size on bid. "FSA REQUESTS 1 LB BCO "PAR ITEM

0046 Cheese, Parmesan or Parmesan and Romano Mixed, Grated, 480.000000 LB $ $ Italian Style, 12-1 Ib containers per case

"FSA REQUESTS 12-1LB CO PER CS

0047 Spices, Parsley, Flakes. (CID A-A-20001B, Type I, Class W, Form 10.000000 LB $ $ 6). Packaging must indicate actual delivered weight of product.

Pure - no additives, extenders, foreign mannter, or flow agents.

1/2 oz to 50 Ib sealed plastic containers or boxes. Note package size on bid. "FSA REQUESTS 1 LB CO "PAR ITEM

0048 Pasta, Enriched Egg Noodles, Ribbon Shaped Noodles or Large 2,980.000000 LB $ $ Bow Shaped Noodles. (CID A-A-20063C, Type I or Type II, Style B).1 Ib to 40 Ib sealed bags. "FSA REQUESTS 10 LB CS

"PAR ITEM

0049 Pasta, Lasagna Noodles, Curl or Flat Form, Whole Wheat Blend, 1,200.000000 LB $ $ Whole Wheat, or Regular. (CID A-A-20062E, Type VIII, Class 1 of 2, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135.

1 Ib to 40 Ib sealed bags. "FSA REQUESTS 20 LB CS

0050 Pasta, Macaroni, Rotini Form, Whole Wheat Blend, Whole Wheat, 2,200.000000 LB $ $ or Regular. (CID A-A-20062E, Type V, Style A, B, C, or D).

Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135.

1 Ib to 40 Ib sealed bags. "FSA REQUESTS 10 LB CS

0051 Pasta, Spaghetti, Long Form, Whole Wheat Blend, Whole Wheat, 2,000.000000 LB $ $ or Regular. (CID A-A-20062E, Type VI, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR

139.115 and 21 CFR 139.135.

1 Ib to 40 Ib sealed bags. "FSA REQUESTS 20 LB CS

0052 Peanut Butter, Regular or Reduced Fat, Smooth, Stabilized, Non- 30,000.000000 EA $ $ fortified, Salted or Unsalted. (CID A-A-20328B, Style I, Class A or B, Texture 1, Type a, Fortification 1, Seasoning (a) or (b). 20z Individual Packets. Specify total count per case on bid.

0053 Peanut Butter, Redular or Reduced Fat, Smooth or Chunkyl 3,000.000000 LB $ $ crunchy, Stabilize ,Non-fortified, Salted or Unsalted. (CID A-A-20328B, Style I, Class A or B, Texture 1 or 3, Type a, Fortification 1, Seasoning (a) or (b). 1 to 50 Ib sealed containers.

Specify weight of container on bid. "FSA REQUESTS 30 LB CS

0054 Vegetable, Peas, Sweet, Canned. U.S. Grade A-C. As defined in 280.000000 CS $ $ Food and Drug Standard of Identity 21 CFR 155.170. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada.

6/#10 cans or pouches per case. State can or pouch on bid. "FSA

REQUESTS 6/#10 CANS ONLY

0055 Pickle, Relish, Sweet (mild or regular), Bulk, Cured. Product will 180.000000 CS $ $ comply with the United States Standards for Grades of Pickles (55 FR 11905). Grade A or B. 4/1 Gallon Plastic Containers per case

"FSA REQUESTS 4-1 GALLON CO PER CS

1583151900000021 Page 8 of 41

0056 Pimentos, Canned, as such product is defined in the Standards of 30.000000 CS $ $ Identity for Canned Pimentos (21 CFR 155.200). Pieces, Slices, Diced or Chopped. US Grade A (US Fancy) or Grade C (US Standard). State can and case size on bid.

"FSA REQUESTS 61#10 CANS ONLY

0057 Spices, Pepper, Red, Ground or Crushed. (CID A-A-20001B, Type 30.000000 LB $ $ I, Class Z, Form 1 or 3). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.

1/2 oz to 50 Ib sealed plastic containers or boxes. Note package size on bid. "FSA REQUESTS 1 LB CO "PAR ITEM

0058 Rice, U.S. Grade 1 or 2, Long Grain MILLED Rice, Parboiled Light 22,500.000000 LB $ $

"FSA REQUESTS 50 LB BAG

0059 Oils, Salad, Vegetable, Canola (rapeseed), Corn, Cottonseed, 100.000000 EA $ $ Olive (refined), Peanut, Safflower, Soybean, Sesame, Sunflower, or any other vegetable oils or combinations of these oils. (CID A- A-20091D, Type II).

Gallons, Half Gallons, 5 Gallon Containers, or 35 Ib Containers.

Note size of container and case size on bid. "FSA REQUETS 5

GLCO

0060 Spices, Salt, Food Grade or Table, Iodized. Packaging must 2,500.000000 LB $ $ indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. Product may contain an Anti-Caking Agent.

Bulk. Specify package size on bid. "FSA REQUESTS 1 LB CO

"PAR ITEM

0061 Spices, Salt, Food Grade or Table, Iodized. Packaging must 2,700,000.000000 EA $ $ indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents. Product may contain an Anti-Caking Agent. Each .. 75 Gm Packages.

Specify case count on bid. "FSA REQUESTS 3,000 CS CT

0062 Soy Protein Products (SPP), Meat Flavor, Bits or Crumbles. Soy 2,250.000000 LB $ $ Protein Products (SPP) covered by this specification are food products produced by the reduction or removal from soybeans of certain of the major non-protein constituents

(water, oil, carbohydrates) in a manner to achieve a protein content of:- in the case of soy protein flour (SPF) 50% or more and less than 65%;- in the case of soy protein concentrate (SPC) 65% or more and less than 90%;- in the case of soy protein isolate (SPI) 90% or more. The protein content is calculated on a dry weight basis excluding added vitamins, minerals, amino acids and food additives. Product comes dehydrated, in bulk packaging. Product will not contain any animal by products or ingredients. "FSA

REQUESTS 50 LB BAG

0063 Sauce, Soy, Fermented or Non-Fermented, Reduced Sodium. (CID 25.000000 CS $ $ A-A-20087D, Type I or IV), 4/1 Gallon plastic containers per case

"FSA REQUETS 4-1 GALLON CS

"PAR ITEM

0064 Vegetable, Spinach, Cut leaf of Sliced, U.S. Grade A, U.S. Fancy, 336.000000 CS $ $ U.. Grade B, or U.S. Extra Standard. As defined in Food and Drug Standard of Identity 21 CFR 51.990. Originated from crops that have been 100 percent grown processed, and packed in the United States or Canada, 61#10 cans or pouches per case. State can or pouch on bid. "FSA

REQUESTS 61#10 CANS PER CS

0065 SUrb"r, lIVhite (Refined), Granulated (fine, extra fine, or super fine) 7,500.000000 LB $ $ (CI A-A-20135D, Type I, Style A or B).

0066 Spices, Thyme, Ground. (CID A-A-20001 B, Type I, Class GG, 12.000000 LB $ $ Form 1). Packaging must indicate actual delivered weight of product. Pure - no additives, extenders, foreign matter, or flow agents.

1/2 oz to 50 Ib sealed plastic containers or boxes. Note package size on bid. "FSA REQUESTS 1 LB CO "PAR ITEM

0067 Tomato, Paste, as defined in the standard of identity for tomato 280.000000 CS $ $ paste (21 CFR 155.191). Natural Tomato Soluble Solids ran~ng from extra heavy to medium concentration (28 to 39.3%). U. .

Grade A, U.S. Fancy, U.S. Grade C, or U.S. Standard.

61#10 cans per case. "FSA REQUESTS 6/#10 CANS ONLY

1583151900000021 Page 9 of 41

0068 Tomatoes, Canned, Diced, as defined in the standard of identity 168.000000 CS $ $ for canned tomatoes (21 CFR 155.190). U.S. Grade A-C, Average drained weight of 54.7 to 63.5 ounces per #10 can/pouch. 6/#10 cans per case.

State can on bid. **FSA REQUESTS 6/#10 CANS ONLY

0069 Tortilla Chips, Corn, Round or Triangular, Enriched, Shelf Stable, 6,000.000000 LB $ $ Table Ready (CID A-A-20143B, Type II, Style A, Shape a or c, Enrichment type I, Product state a, Cook state I). Bulk packaged.

**FSA REQUESTS 15 LB BAG/CS

0070 Vanilla Flavoring, 1 Gallon **PAR ITEM 10.000000 EA $ $

0071 Vegetable, Beans, Wax, Canned, Cut, Sliced Lengthwise, or 225.000000 CS $ $ French Style, Good to reasonably good character (A or B), Minimum drain weight 59 oz. U.S. Grade A-C. As defined in Food and Drug Standard of Identity 21 CFR 155.120.

Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 61#10 cans or pouches per case. State can or pouch on bid. **FSA

REQUESTS 61#10 CANS **PAR ITEM

0072 Worcestershire Sauce, 4-1 Gallon Case. **FSA REQUESTS 4-1 25.000000 CS $ $

GALLON CS

**PAR ITEM

0073 Tortillas, Wheat, White with spices or herbs, or Other. 7" - 10" in 36,360.000000 EA $ $ diameter, Round Shelf stable, refrigerated, or frozen, Table Ready.

(CID A-A-20143B, Type 1, Style B, C, or E, Size 7, 8, or 9, Shape a, Enrichment type I, Product state a, c. or d, Cook state I). Each. State case count on bid. **FSA REQUESTS 360 CT

CS

0074 Meats, Burritos, Prepared, Frozen, Lunch/Dinner, Beef and Bean 30,000.000000 EA $ $ with Red or Green Chilies, Non-Fried Oven Ready, 7 oz, Any Fat Range. (CID A-A-20292, Type II, Flavor B & E, Size 9, Any Fat Range). The prepared burritos shall have a flour tortilla rolled around the filling and have tucked ends. Size of burrito to be local specification and size noted on bid. **FSA REQUESTS 7 OZ

ONLY

0075 Burrito, Bean and Cheese 8,000.000000 EA $ $

0076 Tortillas, Wheat, White with spices or herbs, or Other. 10" in 70,000.000000 EA $ $ diameter, Round Shelf stable, refrigerated, or frozen, Table Ready.

(CID A-A-20143B, Type 1, Style B, C, or E, Size 7, 8, or 9, Shape a, Enrichment type I, Product state a, c, or d, Cook state I). Each. State case count on bid. **FSA

REQUESTS 10" TORTILLA ONLY

0077 Pastries, Desserts, Assorted, Individual, Fresh or Frozen, Thaw 60,000.000000 EA $ $ and Serve or Bake and Serve. (Cookies, Cakes, Pies, etc.) Specify item, size case count and if items contain yeast on bid. Items will not contain poppy seeds.

VENDORS, PLEASE SPECIFY THE PRODUCT(S) THAT YOU

WILL BE SUPPLYING, INCLUDING THE UNIT SIZE AND COUNT.

**PAR ITEM

0078 Vegetable, Potatoes, French Fries, Frozen, Institutional type, 40,000.000000 LB $ $ Straight Cut, Crinkle Cut, Slices, or Strips. Strips will be 3/8 x 3/8, 1/2 x 1/4, or 3/8 x 3/4 inch and be Extra Long, Long, or Medium (at least 50% or more are 2 inches or longer.

FRYABLE or OVENABLE. (Instructions on how to prepare in the oven/fryer are acceptable) U.S. Grade A, U.S. Fancy or U.S.

Grade B. As defined in Title 7 62.2391-2405. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. Examples of acceptable types also includes wedges, waffle cut, and steak cut.

0079 French Toast, Frozen, Regular or Low Fat, Any Flavor, Full Slices. 144,000.000000 EA $ $ (CID A-A-20234B, Type II, Style A or B, Class 3, Flavor A. B, C, or D, Shape 1 - 8). Each. State case count on bid.

**FSA REQUESTS FRENCH TOAST SLICES ONLY, NO FRENCH

TOAST STICKS

0080 Pastries, Breakfast Cakes, Assorted, Individual, Fresh or Frozen, 200,000.000000 EA $ $ Thaw and Serve, or Bake and Serve. (Muffins, Bagels, Donuts, Cinnamon Rolls, etc.) Specify item, size case count, and if items contain yeast on bid. Items will not contain poppy seeds.

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**FSA REQUESTS 4 OZ INDIVIDUALLY WRAPPED, FROZEN,

THAW AND SERVE **VENDORS, PLEASE SPECIFY THE

PRODUCT(S) THAT YOU WILL BE SUPPLYING, INCLUDING

THE UNIT SIZE AND COUNT **PAR ITEM

0081 Pancake, Frozen, Regular or Low Fat, Any Flavor, Any Shape. 144,000.000000 EA $ $ (CID A-A-20234B, Type II, Style A or B, Class 2, Any Flavor, Shape 1 - 8). Each. State case count on bid.

**FSA REQUESTS 144 CT CS

0082 Meat Alternative, Individually Frozen, Soy, Vegetable, or Legume 40,000.000000 EA $ $ Based, Patty or Rectangle Shaped (CID A-A-20275A, Type I, II, or III, Style A or L.). Fully cooked, chicken flavor. Product to be alternative for Chicken Patty.

Product will not contain any animal by product or ingredients.

0083 Meat Alternative, Individually Frozen, Soy, Vegetable, or Legume 60,000.000000 EA $ $ Based, Patty or Rectangle Shaped (CID A-A-20275A, Type I, II, or III, Style A or L.) Fully cooked, beef flavor. Product to be Vegan alternative for Beef Patty.

Product will not contain any animal by product or ingredients.

0084 Vegetable, Potatoes, (TATER TOTS). Preformed, Precooked, 15,000.000000 LB $ $ Frozen, Institutional type, Round, Cross-sectional dimension 3/4 to 1" diameter. Length 1 to 1 1/2 inch, 47 - 54 units per pound.

Unseasoned, seasoned with spices, or seasoned with spices and salt. (CID A-A-20038C, Pack Type II, Style A, Cross Sectional Dimension 1, Length i, Count A, Seasoning 2, 3, or 5. Cooking Method A). Originated from crops that have been 100 percent grown, processed and packed in the United State or Canada. **FSA REQUESTS 30 LB CS

0085 Beans, Kidney or Red, Canned, In Brine, Meatless, Light or Dark 560.000000 CS $ $ Red. (CID A-A-20134C, Type I or IV, Class C, D, E, or I, Style 1). 61 #10 cans per case

**FSA REQUESTS 6/#10 CANS PER CS ONLY

0086 Vinegar, Cider or Distilled, 50 Grain Strength, 4/1 Gallon 50.000000 CS $ $ Containers per case **FSA REQUESTS 4/1 GALLON CO PER CS

ONLY

0087 Corn Meal, Degermed (lower fat), Enriched, White or Yellow, 2,500.000000 LB $ $ Course Granulation (CID A-A-20066B, Type III, Class B, Color 1 or 2, Granulation a). **FSA REQUESTS 50 LB BAG ONLY

SMALL BUSINESS Delivery Schedule: Deliveries may be made M-F, 7:30am - 3:00pm., excluding federal holidays. Food Service Warehouse may be contacted at 662-751-4800 ext. 4115 or 4117.

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Section 3 - Contract Clauses

52.212-4 Contract Terms and Conditions--Commercial Items (May 2015)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. Ifrepair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights--

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.c. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(i) Name and address of the Contractor;

(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

1583151900000021 Page 12 of 41

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.c. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected contract line item or subline item, if applicable; and

(0) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109 , which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

1583151900000021 Page 13 of 41

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance ofa Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

G) Risk 0/ loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(I) Termination/or the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination/or cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(0) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

1583151900000021 Page 14 of 41

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.c. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.c. 4712 and 10 U.S.c. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(t) System/or Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(2)(i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in FAR Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the SAM database; (B) comply with the requirements of Subpart 42.12; and (C) agree in writing to the time line and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract.

(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract.

1583151900000021 Page 15 of 41

(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https:/lwww.acquisition.gov.

(u) Unauthorized Obligations( 1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.c. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(l) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of clause)

A.l ADDENDUMTO FAR 52.212-4,Contract Terms and Conditions--Commercial Items (May 2015)

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

Clauses By Full Text

52.211-16 Variation In Quantity (Apr 1984)

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

Percent increase

(b) The permissible variation shall be limited to:

Percent decrease

This increase or decrease shall apply to *

(End of clause)

* Contracting Officer shall insert in the blank the designation(s) to which the percentages apply, such as--

(1) The total contract quantity;

(2) Item 1 only;

(3) Each quantity specified in the delivery schedule;

(4) The total item quantity for each destination; or

(5) The total quantity of each item without regard to destination.

(End of clause)

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52.204-99 System for Award Management Registration (September 2012) (DEVIATION)

(a) Definitions. As used in this clause- "Central Contractor Registration (CCR) database" means the retired primary Government repository for Contractor information required for the conduct of business with the Government.

"Commercial and Government Entity (CAGE) code" means-

(1) A code assigned by the Defense Logistics Agency (DLA) Logistics Information Service to identify a commercial or Government entity; or

(2) A code assigned by a member of the North Atlantic Treaty Organization that DLA records and maintains in the CAGE master file.

This type of code is known as an "NCAGE code."

"Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

"Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4-chatacter suffix that may be assigned by a business concern.

(D&B has no affiliation with this 4-character suffix.) This 4-chatacter suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

"Registered in the SAM database" means that-

(I) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, as well as data required by the Federal Funding Accountability and Transparency Act of2006 (see Subpart 4.14) into the SAM database;

(2) The Contractors CAGE code is in the SAM database; and

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active." The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process.

"System for Award Management (SAM)" means the primary Government repository for prospective federal awardee information and the centralized Government system for certain contracting, grants, and other assistance related processes. It includes-

(1) Data collected from prospective federal awardees required for the conduct of business with the Government;

(2) Prospective contractor submitted annual representations and certifications in accordance with FAR Subpart 4.12; and (3} The list of all parties suspended, proposed for debarment, debarred, declared ineligible, or excluded or disqualified under the non procurement common rule by agencies, Government corporations, or by the Government Accountability Office.

(b) (1) The Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The SAM…